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2025 DAILYLAW 47387 (KAR)

MAHENDRA S/O BHIMAPPA SHIRAHATTI v. THE TAHSHILDAR AND EXECUTIVE MAGISTRATE GOKAK

CRL.P/103360/2025 · 2025-09-16

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:12142 CRL.P No. 103360 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103360 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. MAHENDRA S/O BHIMAPPA SHIRAHATTI, AGE. 38 YEARS, OCC. AGRICULTURE, R/O. KHANAPUR, TQ. GOKAK, DIST. BELAGAVI. 2. MAHESH S/O MALLIKARJUN MAGADUMM, AGE. 48 YEARS, OCC. AGRICULTURE, R/O. MUTNAL, TQ. GOKAK, DIST. BELAGAVI-591 231. 3. VISHWANATH S/O SHANKAR MAGADUMM, AGE. 41 YEARS, OCC. AGRICULTURE, R/O. MUTNAL, TQ. GOKAK, DIST. BELAGAVI-591 231. … PETITIONERS (BY SRI. IRANAGOUDA K. KABBUR, ADVOCATE) RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12142 CRL.P No. 103360 of 2025 AND: 1. THE TAHSHILDAR AND EXECUTIVE MAGISTRATE, GOKAK, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. 2. THE POLICE SUB-INSPECTOR, GHATAPRABHA PS, TQ. GOKAK, DIST. BELAGAVI, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO CALL FOR THE RECORDS IN MSG/SR/191/2024-25 ON THE FILE OF 1ST RESPONDENT TAHSHILDAR AND EXECUTIVE MAGISTRATE, GOKAK, TO SATISFY THE CORRECTNESS AND SET ASIDE THE IMPUGNED NOTICE DATED 11.03.2025 PASSED IN MSG/SR/191/2024-25 BY THE 1ST RESPONDENT TAHSHILDAR AND EXECUTIVE MAGISTRATE, GOKAK, QUASH THE ENTIRE PROCEEDINGS BY ALLOWING THIS CRIMINAL PETITION. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:12142 CRL.P No. 103360 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Petitioners are before this Court under Section 528 of BNSS, 2023, with a prayer to quash the impugned notice dated 11.03.2025 issued by the respondent No.1 – Tahasildar in proceedings bearing No.MSG / SR / 191 / 2024-25. Learned HCGP submits that subsequent to the impugned show cause notice, the petitioners had appeared before the learned Magistrate on 13.03.2025 and an order under Section 126 of BNSS, 2023 has been already passed and therefore, the reliefs prayed for in this petition does not survive for consideration. In view of the aforesaid, the petition is dismissed as having become infructuous. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH / CT: BCK LIST NO.: 1 SL NO.: 39